Legalish advice

[sandspider]

Hi all

Just wondering if anyone on here is a lawyer or related occupation? I'd appreciate a quick look at an email I've written if so!

(Basically, a lorry delivering to my neighbours lost control on our driveway and crashed into a tree - eventually, the lorry was pulled out, and they all legged it without looking at damage, repairs needed etc. The drive is damaged, and I've written them an email asking them to come and repair it (with photos of damage and crashed lorry) - but I'm not totally sure of the legal ground I'm trying to stand on, though they're obviously liable!)

Thanks.

[JKD]

I'm not a lawyer, but see this sort of thing quite often, being sent to repair the damage caused.

Virtually all that I attend are claims through the insurance. The insurance pays for your repairs and claims off the third party insurance or takes them to court for recompense. So basically peace of mind for yourself.

If it was a registered company doing the delivery, and then causing the damage to your property, that's the direction I'd recommend.

HTH

[Dave at kelton]

Not a lawyer but involved in legal matters as part of the day job. Best way to approach this is to set out the detail as a Letter Before Action marking it clearly at the top that this is what it is. Address it to the Company and it’s Directors. You can also look up who they are at Companies House online. You can send copies to each Director if you are so inclined.

Include all the facts together with evidence of the damage, photos, particularly of the lorry and it’s reg plate. Add a summary of the damage and cost of repairs with quotes if you have them. If not go for a high repair figure and make it clear you reserve the right to amend your claim for damage in the light of any additional quotes or further damage discovered.

Set a 28 day time limit to respond after which you reserve the right to commence legal action without further notice. Ask for acknowledgement of receipt with a note of their insurers and further confirmation that they have been notified of the incident. Send everything recoded delivery or hand deliver and get a signed note of receipt.

This should do for a start but there may be lawyers on here who will correct any of the above. Most likely you will hear from insurers next.

Good luck!

[sandspider]

Thanks for the thoughts, chaps.

I did think of going via insurance, but I don't really want to increase my premiums (which I imagine would happen if they're involved in any way). Also I hope insurance aren't needed, as the company are clearly at fault?

I've written an email in the first instance, and hope that's enough - but can send a recorded delivery hard copy letter before action if necessary.

Ideally of course I'd just like them to fix it quickly and well, with minimal hassle. Seems unlikely!

[Gordon R]

Depends who you are dealing with. My daughter in law owns a couple of children's nurseries in a conservation area. An ASDA delivery van knocked down part of the wall at the entrance to the car park. Took a year to get them to cough up. It was all recorded on CCTV, so liability wasn't an issue.

[Bigbob]

6 minutes ago, Gordon R said:

Depends who you are dealing with. My daughter in law owns a couple of children's nurseries in a conservation area. An ASDA delivery van knocked down part of the wall at the entrance to the car park. Took a year to get them to cough up. It was all recorded on CCTV, so liability wasn't an issue.

No chance of getting a surveyor in saying the rest is now dangerous need to fix it all now .??

[oowee]

1 hour ago, Dave at kelton said:

Not a lawyer but involved in legal matters as part of the day job. Best way to approach this is to set out the detail as a Letter Before Action marking it clearly at the top that this is what it is. Address it to the Company and it’s Directors. You can also look up who they are at Companies House online. You can send copies to each Director if you are so inclined.

Include all the facts together with evidence of the damage, photos, particularly of the lorry and it’s reg plate. Add a summary of the damage and cost of repairs with quotes if you have them. If not go for a high repair figure and make it clear you reserve the right to amend your claim for damage in the light of any additional quotes or further damage discovered.

Set a 28 day time limit to respond after which you reserve the right to commence legal action without further notice. Ask for acknowledgement of receipt with a note of their insurers and further confirmation that they have been notified of the incident. Send everything recoded delivery or hand deliver and get a signed note of receipt.

This should do for a start but there may be lawyers on here who will correct any of the above. Most likely you will hear from insurers next.

Good luck!

I would have thought that simply going to your house insurers for the damage would see them sorting the issue and pursuing the third party if they thought it worth while? Or do you need legal cover on home insurance for this route? 

I would also look to report the matter to the police for failing to report an accident and fleeing the scene? 

Edited November 4, 2022 by oowee

[Gordon R]

It's sorted now, but they are in a conservation area and the premises are listed. Given the evidence ASDA couldn't argue, but their insurers took a long, long time. It wasn't really dangerous, the driver just knocked one side of the car park entrance down. Damage ran no more than 3 feet, but it cost ASDA a lot. 

[sandspider]

9 minutes ago, oowee said:

I would have thought that simply going to your house insurers for the damage would see them sorting the issue and pursuing the third party if they thought it worth while? Or do you need legal cover on home insurance for this route? 

I would also look to report the matter to the police for failing to report an accident and fleeing the scene? 

I don't know, tbh - we do have legal cover, but I fear once our insurer is involved they'll find a way to make us pay more! Even if the cost of the damage is born by the lorry company / their insurers. I suppose it would be the easier way.

Technically they did report the accident in a way, as I heard the crash and went out to see what had happened. But they did then flee the scene, I've mentioned that in my email

Thanks.

Oh, and it's not Asda, so 🤞

[Bemused]

Openreach damaged my garden wall and tried every trick in the book to avoid paying for the damage. I got three quotes, picked the middle one and ended up doing an online small claims. They paid up in full including the costs the week before it was due in court. Never give up!

[Spr1985]

I would be informing the police and getting a crime reference number, “criminal damage whilst trespassing” I believe is the offence that would cover what you have described. I’d then follow the advice above re: letter before action and then if no joy, either take it to court with evidence or put it into the hands of your insurer and let them take it to court. 

[sandspider]

Thanks for the thoughts, folks. Will send my email (now a slightly more legally worded letter before action!) tomorrow, and see what happens.

[millrace]

You claim of your home insurance who then go after the person/vehicle insurance company for the lorry.....

[GingerCat]

Go via your home insurance, give them the registration number and if known company name of the van/lorry let them sort it, your not at fault so your premiums shouldn't increase. 

I've had 2 no fault accidents (car pulling out or rear ending me) and neither have increased my premiums and both have been costly, the first was a double write off.  Emailing companies and informal arrangements aren't worth the trouble. 

[12gauge82]

I'd say it's worth contacting the company and ask for there insurance details, they might then offer to pay, if they don't offer to pay, go ahead and contact their insurance company, if they refuse to provide their insurance details, contact the police and tell them they left the scene of an accident and have refused to provide their details which is an offence. 

Edited November 5, 2022 by 12gauge82

[ph5172]

Did the company reply to your email?

I should imagine if the lorry required pulling out the driver didn’t organise that himself 

[sandspider]

I've sent one gentle email so far. No response yet, but only sent it this morning. If they don't respond to that in a couple of days, I'll sent the more legal threatening one. If they don't respond to that, I'll hand it over to my house insurance...

[JKD]

1 hour ago, sandspider said:

I'll hand it over to my house insurance...

That's what I suggested in my first reply. If you go that route it shouldn't cost you anything, and much less hassle and stress 😉 Your insurance company will deal with everything. Most claims I attend to re-construct, this is the route the policy holder has gone with 👍

[12gauge82]

I'd also report it to police for leaving the scene of an accident. 

[sandspider]

11 hours ago, JKD said:

That's what I suggested in my first reply. If you go that route it shouldn't cost you anything, and much less hassle and stress 😉 Your insurance company will deal with everything. Most claims I attend to re-construct, this is the route the policy holder has gone with 👍

You did indeed, and I considered it! But I'm not keen on the idea, as I think they'll find a way to make me pay more! You don't get anything for nothing with an insurance company. I'll do it if i don't hear back from them in a week or so.

Fixing the drive might only cost a few hundred quid, but it's the principal of the thing.

[JKD]

45 minutes ago, sandspider said:

You did indeed, and I considered it! But I'm not keen on the idea, as I think they'll find a way to make me pay more! You don't get anything for nothing with an insurance company. I'll do it if i don't hear back from them in a week or so.

Fixing the drive might only cost a few hundred quid, but it's the principal of the thing.

Well, good luck whichever route you take 👍 As usual it comes down to cost,,,, your excess Vs repair costs. Then there's the principle thing 😉

Post up your progress please, it may help others 🙂

[sandspider]

Thank you.

[PeterHenry]

16 hours ago, sandspider said:

I've sent one gentle email so far. No response yet, but only sent it this morning. If they don't respond to that in a couple of days, I'll sent the more legal threatening one. If they don't respond to that, I'll hand it over to my house insurance...

Leave it more than a couple of days - if it ever gets to Court, you will earn points by having allowed them 'reasonable' time to reply. Acting reasonably at all times is very important.

'Reasonable' length of time in a legal context is normally one to two weeks for this sort of thing.

Also, if they don't reply to the first letter, don't go straight in with a LBA (letter before action) - keep the normal correspondence going. The next stage is normally recorded delivery* - obviously keep all receipts and copies of letters. Print them out in triplicate and start makeing them into bundles (one for you, one for the other side, one for the court) - again, it will save you a lot of time and effort if it does go to Court, and it takes no time to do as you go along.

*Judges tend to be under quite a lot of pressure - they don't enjoy having their time wasted by spurious litigation. If something can be worked out before court, it should be - and evidence of efforts to do so will be look on favourably.

Edited November 6, 2022 by PeterHenry

[sandspider]

Thanks PH, duly noted.

[sandspider]

Well, I've heard back from them, so they have confirmed they've received my email. They were apologetic, and apparently I will hear back from someone who can sort the issues.

A good first step.